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Republic of the Philippines

CONGRESS OF THE PHILIPPINES


Metro Manila

Fifteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-third day of July, two
thousand twelve.

REPUBLIC ACT No. 10592

AN ACT AMENDING ARTICLES 29, 94, 97, 98 AND 99 OF ACT NO. 3815, AS
AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE

Be it enacted by the Senate and House of Representatives of the Philippines in


Congress assembled:

Section 1. Article 29 of Act No. 3815, as amended, otherwise known as the Revised
Penal Code, is hereby further amended to read as follows:

"ART. 29. Period of preventive imprisonment deducted from term of


imprisonment. – Offenders or accused who have undergone preventive
imprisonment shall be credited in the service of their sentence consisting of
deprivation of liberty, with the full time during which they have undergone
preventive imprisonment if the detention prisoner agrees voluntarily in writing
after being informed of the effects thereof and with the assistance of counsel to
abide by the same disciplinary rules imposed upon convicted prisoners, except in
the following cases:

"1. When they are recidivists, or have been convicted previously twice or
more times of any crime; and

"2. When upon being summoned for the execution of their sentence they
have failed to surrender voluntarily.

"If the detention prisoner does not agree to abide by the same disciplinary rules
imposed upon convicted prisoners, he shall do so in writing with the assistance of
a counsel and shall be credited in the service of his sentence with four-fifths of
the time during which he has undergone preventive imprisonment.

"Credit for preventive imprisonment for the penalty of reclusion perpetua shall
be deducted from thirty (30) years.

"Whenever an accused has undergone preventive imprisonment for a period


equal to the possible maximum imprisonment of the offense charged to which he
may be sentenced and his case is not yet terminated, he shall be released
immediately without prejudice to the continuation of the trial thereof or the
proceeding on appeal, if the same is under review. Computation of preventive
imprisonment for purposes of immediate release under this paragraph shall be
the actual period of detention with good conduct time allowance:Provided,
however, That if the accused is absent without justifiable cause at any stage of the
trial, the court may motu proprio order the rearrest of the accused: Provided,
finally, That recidivists, habitual delinquents, escapees and persons charged with
heinous crimes are excluded from the coverage of this Act. In case the maximum
penalty to which the accused may be sentenced is lestierro, he shall be released
after thirty (30) days of preventive imprisonment."
Section 2. Article 94 of the same Act is hereby further amended to read as follows:

"ART. 94. Partial extinction of criminal liability. – Criminal liability is


extinguished partially:

"1. By conditional pardon;

"2. By commutation of the sentence; and

"3. For good conduct allowances which the culprit may earn while he is
undergoing preventive imprisonment or serving his sentence."

Section 3. Article 97 of the same Act is hereby further amended to read as follows:

"ART. 97. Allowance for good conduct. – The good conduct of any offender
qualified for credit for preventive imprisonment pursuant to Article 29 of this
Code, or of any convicted prisoner in any penal institution, rehabilitation or
detention center or any other local jail shall entitle him to the following
deductions from the period of his sentence:

"1. During the first two years of imprisonment, he shall be allowed a


deduction of twenty days for each month of good behavior during
detention;

"2. During the third to the fifth year, inclusive, of his imprisonment, he
shall be allowed a reduction of twenty-three days for each month of good
behavior during detention;

"3. During the following years until the tenth year, inclusive, of his
imprisonment, he shall be allowed a deduction of twenty-five days for each
month of good behavior during detention;

"4. During the eleventh and successive years of his imprisonment, he shall
be allowed a deduction of thirty days for each month of good behavior
during detention; and

"5. At any time during the period of imprisonment, he shall be allowed


another deduction of fifteen days, in addition to numbers one to four
hereof, for each month of study, teaching or mentoring service time
rendered.

"An appeal by the accused shall not deprive him of entitlement to the above
allowances for good conduct."

Section 4. Article 98 of the same Act is hereby further amended to read as follows:

"ART. 98. Special time allowance for loyalty. – A deduction of one fifth of the
period of his sentence shall be granted to any prisoner who, having evaded his
preventive imprisonment or the service of his sentence under the circumstances
mentioned in Article 158 of this Code, gives himself up to the authorities within
48 hours following the issuance of a proclamation announcing the passing away
of the calamity or catastrophe referred to in said article. A deduction of two-fifths
of the period of his sentence shall be granted in case said prisoner chose to stay in
the place of his confinement notwithstanding the existence of a calamity or
catastrophe enumerated in Article 158 of this Code.
"This Article shall apply to any prisoner whether undergoing preventive
imprisonment or serving sentence."

Section 5. Article 99 of the same Act is hereby further amended to read as follows:"

"ART. 99. Who grants time allowances. – Whenever lawfully justified, the
Director of the Bureau of Corrections, the Chief of the Bureau of Jail
Management and Penology and/or the Warden of a provincial, district, municipal
or city jail shall grant allowances for good conduct. Such allowances once granted
shall not be revoked."

Section 6. Penal Clause. – Faithful compliance with the provisions of this Act is hereby
mandated. As such, the penalty of one (1) year imprisonment, a fine of One hundred
thousand pesos (P100,000.00) and perpetual disqualification to hold office shall be
imposed against any public officer or employee who violates the provisions of this Act.

Section 7. Implementing Rules and Regulations. – The Secretary of the Department of


Justice (DOJ) and the Secretary of the Department of the Interior and Local
Government (DILG) shall within sixty (60) days from the approval of this Act,
promulgate rules and regulations on the classification system for good conduct and time
allowances, as may be necessary, to implement the provisions of this Act.

Section 8. Separability Clause. – If any part hereof is held invalid or unconstitutional,


the remainder of the provisions not otherwise affected shall remain valid and subsisting.

Section 9. Repealing Clause. – Any law, presidential decree or issuance, executive


order, letter of instruction, administrative order, rule or regulation contrary to or
inconsistent with the provisions of this Act is hereby repealed, modified or amended
accordingly.

Section 10. Effectivity Clause. – This Act shall take effect fifteen (15) days from its
publication in the Official Gazette or in at least two (2) new papers of general
circulation.

Approved,

(Sgd.) JUAN PONCE ENRILE (Sgd.) FELICIANO BELMONTE


President of the Senate JR.
Speaker of the House of
Representatives

This Act which is a consolidation of Senate Bill No. 3064 and House Bill No. 417 was
finally passed by the Senate and the House of Representatives on November 5, 2012 and
January 28, 2013, respectively.

(Sgd.) EDWIN B. BELLEN (Sgd.) MARILYN B. BARUA-YAP


Acting Senate Secretary Secretary General
House of Representatives

Approved: MAY 29 2013

(Sgd.) BENIGNO S. AQUINO III


President of the Philippines

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